Porter v. Jennings

Citations

• 89 Cal. 440
• 26 P. 965
• 1891 Cal. LEXIS 834

Syllabus

<p>Injunction — Discretion — Appeal. — An order granting or dissolving an injunction is a matter of discretion with the trial court, and will not bé reviewed by the appellate court except where an abuse of that discretion appears; hut where an abuse of discretion appears, the order will he reversed.</p> <p>Id. — Restraining Sale under Execution against Grantor — Denial of Equities — Dissolution — Abuse of Discretion.—Injunction is the proper remedy where one claiming to be the owner of a tract of land, purchased in good faith for a valuable consideration, in the actual possession thereof, seeks to prevent its sale under execution against his grantor; and a dissolution of a restraining order in such case does nob follow from an answer denying the equities of the complaint. Such dissolution is an abuse of discretion.</p> <p>Id.—Temporary Injunction — Object of Suit — Preserving Rights of Plaintiff—Defendant not Prejudiced.—Where the principal relief sought in the action is to obtain an injunction restraining an execution sale, and the denial of a temporary injunction is equivalent to a dismissal of the action, and the granting of it cannot prejudice or imperil the rights of the defendant, the temporary injunction should he granted and continued until the hearing, notwithstanding an answer denying the equities of the complaint.</p> <p>Id.—Pleading — Answer — Denial of Equities — Information and Belief. —■ Denials in the answer, upon information and belief, are not such denials as will serve as the basis of a motion to dissolve a temporary restraining order on the ground that the equities of the hill are fully denied, by the ans wer.</p>